Two Catholic Pre-Schools Are Suing to Exclude LGBTQ+ Families

Two Catholic parishes in Colorado are arguing that they should be able to receive public funding for their preschool, while maintaining their choice to exclude LGBTQ+ families, according to The Colorado Sentinel.  Their suit, having  been denied in a lower court, is now being appealed to the 10th Circuit Appeals Court. 

Colorado instituted a universal preschool program in August 2023, which now provides nearly 70% of 4-year-olds in the state 10 to 30 hours per week of instruction through its roughly 2,000 participating preschools. All participating preschools are required to adhere to non-discrimination rules.

These rules were upheld by the local U.S. District Court in 2024 in a lawsuit brought against the state by St. Mary Catholic parish,  Littleton, and St. Bernadette parish, Lakewood. The parishes argued that the non-discrimination rules violated their religious freedom by preventing their preschools from joining the program. 

The judge ruled in favor of the state, saying “The purpose of the requirement is not to invade religious freedom but to further the implementation of a strongly embraced public value.”  

The case is now before the 10th Circuit Court of Appeals. The attorney representing the parishes, Nick Reaves, argued that the state of Colorado has “barred the door [of the universal preschool program] to the Archdiocese.” He told the court that the enrollment is dropping and one parish preschool has closed. “If Colorado has made virtually every preschool in the state free except a handful of religious preschools,” Reaves argued, “we are talking about discrimination or a lack of neutrality toward religious preschools.”

Colorado’s Deputy Solicitor General Helen Norton argued that the non-discrimination rules apply to all preschools in the program, so the rules don’t discriminate against religious preschool providers.

She added that the parishes were asking the court “ to do what no appellate court has ever done: Create a First Amendment right for publicly funded schools to exclude or expel children because of the children’s or parents’ protected status.”

Colorado’s universal preschool program was designed to give children – all children, regardless of what their family looks like or earns – access to early childhood education. If Catholic parishes share that mission, they should participate in the program and open their doors to children of all family backgrounds. 

–Ariell Watson Simon, New Ways Ministry, April 2, 2025